This piece appeared in the Real Estate Section of Sunday's New York Times
Tutoring, Yes, Barbering, No
Q What are the rules regarding a New York City rent-stabilized tenant who works from home?
A "New York City apartments may be used for certain business purposes as long as the activity is 'incidental' or 'secondary' to the residential use," said Lucas A. Ferrara, a Manhattan real estate lawyer. In addition, various city laws apply a number of restrictions on business use of an apartment. Among them: the work must take place only in the apartment and not outside of it; no more than one nonresident can be employed; no more than 25 percent of the apartment's total floor area, or 500 square feet -- whichever is less -- can be dedicated to the commercial activity. "The posting of signs, storage of materials outside the unit, and excessive noise, vibration or other disturbances are prohibited," Mr. Ferrara said. And while some commercial uses are permitted -- like fine-art studios, registered day care, and limited tutoring and music lessons -- others are prohibited. Among the proscribed uses are beauty parlors, barbershops, real estate offices and insurance offices. A tenant should contact a lawyer to make sure that a business use complies with both the tenant's lease and applicable laws.